Department of Defense

INSTRUCTION
NUMBER 1325.06
November 27, 2009
USD(P&R)
SUBJECT:

Handling Dissident and Protest Activities Among Members of the Armed Forces

References: See Enclosure 1

1. PURPOSE. This Instruction:
a. Reissues DoD Directive 1325.6 (Reference (a)) as a DoD Instruction in accordance with
the authority in DoD Directive 5124.02 (Reference (b)).
b. Establishes DoD policy, assigns responsibilities, and provides procedures for handling
dissident activities and protest activities among members of the Armed Forces.

2. APPLICABILITY. This Instruction applies to OSD, the Military Departments (including the
Coast Guard at all times, including when it is a Service in the Department of Homeland Security
by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and
the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department
of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities
in the Department of Defense (hereafter referred to collectively as the “DoD Components”).

3. POLICY. It is DoD policy that:
a. The Department of Defense shall safeguard the security of the United States.
b. A Service member’s right of expression should be preserved to the maximum extent
possible in accordance with the constitutional and statutory provisions set forth in Enclosure 2 of
this Instruction, and consistent with good order and discipline and the national security.
c. No commander should be indifferent to conduct that, if allowed to proceed unchecked,
would destroy the effectiveness of his or her unit.
d. The proper balancing of these interests depends largely upon the calm and prudent
judgment of the responsible commander.

DoDI 1325.06, November 27, 2009

4. RESPONSIBILITIES
a. Under Secretary of Defense for Personnel and Readiness (USD(P&R)). The USD(P&R)
shall:
(1) Develop overall policy and guidelines for handling dissident and protest activities
among members of the Armed Forces.
(2) Approve policies and procedures that the Secretaries of the Military Departments
develop to implement this Instruction.
b. Secretaries of the Military Departments. The Secretaries of the Military Departments
shall:
(1) Establish policies and procedures to implement this Instruction within their
respective Departments.
(2) Ensure compliance with the training requirements set forth in paragraph 8.c. of
Enclosure 3 of this Instruction.
c. Commandant of the Coast Guard. The Commandant of the Coast Guard shall:
(1) Establish policies within the Coast Guard.
(2) Ensure compliance with the training requirements set forth in paragraph 8.c. of
Enclosure 3 of this Instruction.

5. PROCEDURES. The procedures set forth in Enclosure 3 provide guidelines that shall be
applied to handling dissident and protest activities among Service members. Specific problems
shall be resolved only on the basis of the particular facts of the situation and in accordance with
the provisions of Enclosure 3; other applicable DoD issuances; chapter 47 of title 10, United
States Code (U.S.C.), (Reference (c)); and other applicable laws and regulations.

6. RELEASABILITY. UNLIMITED. This Instruction is approved for public release and is
available on the Internet from the DoD Issuances Web Site at http://www.dtic.mil/whs/directives.

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DoDI 1325.06, November 27, 2009
7. EFFECTIVE DATE. This Instruction is effective immediately.

Gail H. McGinn
Deputy Under Secretary of Defense (Plans)
Performing the Duties of the
Under Secretary of Defense for
Personnel and Readiness
Enclosures
1. References
2. Constitutional and Statutory Provisions Relevant to Handling Dissident and Protest
Activities in the Armed Forces
3. Procedures

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DoDI 1325.06, November 27, 2009
ENCLOSURE 1
REFERENCES

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

DoD Directive 1325.6, “Guidelines for Handling Dissident and Protest Activities Among
Members of the Armed Forces,” October 1, 1996 (hereby canceled)
DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness
(USD(P&R)),” June 23, 2008
Title 10, United States Code
The First Amendment to the Constitution of the United States
Title 18, United States Code
DoD Instruction 4105.70, “Sale or Rental of Sexually Explicit Material on DoD Property,”
June 2, 2006
DoD 5500.7-R, “Joint Ethics Regulation (JER),” August 1993
DoD Instruction 1334.1, “Wearing of the Uniform,” October 26, 2005
Public Law 110-181, “The National Defense Authorization Act for Fiscal Year 2008,”
January 28, 2008

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ENCLOSURE 1

DoDI 1325.06, November 27, 2009
ENCLOSURE 2
CONSTITUTIONAL AND STATUTORY PROVISIONS RELEVANT TO HANDLING
DISSIDENT AND PROTEST ACTIVITIES IN THE ARMED FORCES

1. CONSTITUTIONAL PROVISIONS. The First Amendment to the Constitution of the United
States (Reference (d)) provides that “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.”

2. STATUTORY PROVISIONS.
a. Applicable to Members of the Armed Forces. These sections of Reference (c) apply to
members of the Armed Forces:
(1) Section 882 (Article 82). Solicitation.
(2) Section 888 (Article 88). Use of contemptuous words by commissioned officers
against certain officials.
(3) Section 889 (Article 89). Disrespect toward a superior commissioned officer.
(4) Section 891 (Article 91). Insubordinate conduct toward a warrant officer.
(5) Section 892 (Article 92). Failure to obey an order or regulation.
(6) Section 901 (Article 101). Improper use of a countersign.
(7) Section 904 (Article 104). Aiding the enemy.
(8) Section 917 (Article 117). Provoking speeches or gestures.
(9) Section 934 (Article 134). General.
(10) Section 938 (Article 138). Complaints of wrongs.
(11) Section 1034. Protected communications; prohibition of retaliatory personnel
actions.
b. Applicable to All Persons. These sections of title 18, U.S.C. (Reference (e)), apply to all
persons, military and civilian, who are subject to that title:
(1) Section 1381. Enticing desertion and harboring deserters.

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DoDI 1325.06, November 27, 2009

(2) Section 2385. Advocating overthrow of the Government.
(3) Section 2387. Activities affecting the Armed Forces generally.
(4) Section 2388. Activities affecting the Armed Forces during war.

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ENCLOSURE 2

DoDI 1325.06, November 27, 2009
ENCLOSURE 3
PROCEDURES

1. POSSESSION AND DISTRIBUTION OF PRINTED AND ELECTRONIC
MATERIALS ON POST
a. A commander is not authorized to prohibit the distribution of a specific issue of a
publication distributed through official outlets such as post exchanges and military
libraries. Prohibiting the sale or rental of sexually explicit material on DoD property is
governed by DoD Instruction 4105.70 (Reference (f)).
(1) A commander may require prior approval of publications to be distributed on
a military installation through other than official outlets to determine if the publication
would:
(a) Create a clear danger to the loyalty, discipline, or morale of military
personnel; or
(b) Materially interfere with the accomplishment of the military mission.
(2) Distribution of any publication determined to be a danger in any of the areas
in paragraphs 1.a.(1)(a) and 1.a.(1)(b) of this enclosure shall be prohibited.
b. While the mere possession of unauthorized printed material may not be prohibited,
printed material that is prohibited from distribution shall be impounded if the commander
determines that an attempt will be made to distribute it.
c. The fact that a publication is critical of government policies or officials is not, in
itself, a ground on which distribution may be prohibited.

2. OFF-POST GATHERING PLACES. Commanders have the authority to place
establishments off-limits in accordance with established procedures when, for example,
the activities taking place there include counseling Service members to refuse to perform
duty or to desert; pose a significant adverse effect on Service members’ health, morale, or
welfare; or otherwise present a clear danger to the loyalty, discipline, or morale of a
member or military unit.

3. SERVICE MEMBER ORGANIZATIONS. Commanders are not authorized to
recognize or to bargain with any union representing or seeking recognition to represent
Service members.

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ENCLOSURE 3

DoDI 1325.06, November 27, 2009
4. PUBLICATION OF PERSONAL WRITING MATTERS (TO INCLUDE WEB
SITES, WEB LOGS (BLOGS), AND OTHER ELECTRONIC COMMUNICATIONS).
Service members may not pursue personal writing for publication whether by traditional
written or by electronic means (Web sites, BLOGS, and other electronic
communications) during duty hours, nor may they use Government or non-appropriated
fund property for this purpose, on or off duty, unless it is for official use or authorized
purposes only pursuant to section 2-301 of DoD 5500.7-R (Reference (g)). Publication
of such matters by military personnel off-post, on their own time, and with their own
money and equipment is not prohibited; however, if such a publication contains language
the utterance of which is punishable under Federal law or otherwise violates this
Instruction or other DoD issuances, those involved in printing, publishing, or distributing
it may be disciplined or face appropriate administrative action for such infractions.

5. ON-POST DEMONSTRATIONS AND SIMILAR ACTIVITIES.
a. The commander of a military installation or other military-controlled facility under
the jurisdiction of the United States shall prohibit any demonstration or activity on the
installation or facility that could:
(1) Result in interference with or prevention of orderly accomplishment of the
mission of the installation or facility; or
(2) Present a clear danger to the loyalty, discipline, or morale of the troops.
b. It is a crime for any person to enter a military reservation for any purpose
prohibited by law or lawful regulations, or for any person to enter or re-enter an
installation after having been barred by order of the commander pursuant to section 1382
of Reference (e).

6. OFF-POST DEMONSTRATIONS BY SERVICE MEMBERS. Members of the
Armed Forces are prohibited from participating in off-post demonstrations under any of
these circumstances:
a. They are on-duty.
b. They are in a foreign country.
c. The activities constitute a breach of law and order.
d. Violence is likely to result.
e. They are in uniform in violation of DoD Instruction 1334.1 (Reference (h)).

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ENCLOSURE 3

DoDI 1325.06, November 27, 2009
7. GRIEVANCES. The right of members to complain and request redress of grievances
against actions of their commanders is protected by section 938 (article 138) of
Reference (c). In addition, a member may petition or present any grievance to any
member of Congress or an inspector general, among other officials, pursuant to section
1034 of Reference (c). An open-door policy for complaints is a basic principle of good
leadership. Commanders should personally ensure that adequate procedures exist for
identifying valid complaints and taking corrective action.

8. PROHIBITED ACTIVITIES
a. Military personnel must not actively advocate supremacist doctrine, ideology, or
causes, including those that advance, encourage, or advocate illegal discrimination based
on race, creed, color, sex, religion, ethnicity, or national origin or that advance,
encourage, or advocate the use of force, violence, or criminal activity or otherwise
advance efforts to deprive individuals of their civil rights.
b. Military personnel must reject active participation in criminal gangs pursuant to
section 544 of Public Law 110-181 (Reference (i)) and in other organizations that
advocate supremacist doctrine, ideology, or causes; attempt to create illegal
discrimination based on race, creed, color, sex, religion, ethnicity, or national origin;
advocate the use of force, violence, or criminal activity; or otherwise engage in efforts to
deprive individuals of their civil rights. Active participation in such gangs or
organizations is prohibited. Active participation includes, but is not limited to,
fundraising; demonstrating or rallying; recruiting, training, organizing, or leading
members; distributing material (including posting on-line); or otherwise engaging in
activities in furtherance of the objective of such gangs or organizations that are
detrimental to good order, discipline, or mission accomplishment or are incompatible
with military service.
c. Commanders have the authority to employ the full range of administrative and
disciplinary actions, including administrative separation or appropriate criminal action,
against military personnel who engage in activity prohibited in paragraphs 8.a. or 8.b. of
this enclosure when such conduct or activity is detrimental to good order and discipline
or is service discrediting. The functions of command include vigilance about the
existence of such activities; active use of investigative authority to include a prompt and
fair complaint process; and use of administrative powers such as counseling, reprimands,
orders, and performance evaluations to deter such activities. The Military Departments
shall ensure that the policy and procedures on prohibited activities in this Instruction are
included in initial active duty training, precommissioning training, professional military
education, commander training, and other appropriate Service training programs.

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ENCLOSURE 3